Schmerber v. California
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| Schmerber v. California | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 20, 1966 |
Facts
Schmerber crashed his car while intoxicated. After the accident, police officers had medical staff draw blood from his car without his consent. The alcohol test proved that he had been driving under the influence of alcohol.
Arguments
Schmerber argued that using his blood against him violated his 5th Amendement right against self-incrimination. He had never consented to have his blood drawn.
Holding
The defendant's 5th Amendment right hasn't been violated.
Rule
The Court announced that the protection against self-incrimination doesn't apply to physical evidence such as the blood with alcohol obtained to convict the defendant.
The 5th Amendment protection, according to the Court's interpretation, applies to testimonial evidence.Comments
